Employment Contracts And Labor Contracts, Comparative Study

This thesis is mainly on the relationship between labor contract of service with a comparative method. In the early age , continental legal system thought of contract of service as a contract of presentation in debt law, a private law. However, with the rapid development of the big machine-powered industry in the recent times, traditional contract of service became weak in protecting labourers and labor contract with the characteristic of social law appeared adapting to the situation.Contract of service, which is the agreement between two clients: One transfers in a certain or uncertain length of time his labor ability to the other and does work under the supervision and conduct of the other; the other uses the labour ability and pays the rewards according to the agreement. Contract of service emphasizes clients' self-government of their ideas. Then deals with the conception and legal essence of labor contract, in which there is a very strong relationship of subjugation between the labor and the user. To balance the relationship between two parties, the nation interferes much in signing of contract of service .By comparison, we can see labor contract is specially contract of service, but labor contract can't completely take the place of contract of service. We regard the intersection of the two as labor contrat, not as contract of service, contract of service and labor contract are indeed different. The difference is mainly the slight difference in degrees of national interference but that's not essential, with the development of society, the difference will get vague and small.The last chapter comment on the legislative patterns of contract of service and labor contract. According to the realistic situation in our country, to protect laborers better, first of all, labor contract should be applied much wider. Next, relative regulations of contract of service should added when labor contract is legislated.